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of Oregon

June 15,2018

Via Email : breich@co.marion.

Marion County Board of Commissioners

PO Box 14500
Salem, OR 97309

RE: CU 17-043 & MG17-004 (Gross) - Bi-Mart Music Festival

Honorable Commissroners :

Thank you for the opporfunity to corrunent on the proposed outdoor mass gathering permit and
conditional use permit for the Bi-Mart Music Festival to be located on farmland in Marion County.
This letter is submitted jointly by 1000 Friends of Oregon and Friends of Marion County. 1000
Friends of Oregon is a nonprofit, membership organization that works with Oregonians to supporl
livable urban and rural communities; protect family farms, forests and natural areas; and provide
transportation and housing choice. Friends of Marion County is a 501(c)(3) farmland protection
organizatiott founded in 1998. Its mission is to protect farm and forestland, parks, and open space.
Please include these comments in the official record for this matter and please continue to include
1000 Friends of Oregon and Friends of Marion County on notices relating to this application.

1000 Friends and Friends of Marion County strongly urge the Board of Commissioners to deny
both the mass gathering permit and the conditional use permit because, as set forth below, the
applicant has failed to meet the criteria necessary to obtain those permits.

The record in this matter is extensive. The County has received substantial testimony from
neighboring farmers, the Ankeny National Wildlife Refuge, relevant public agencies, and concerned
citizens. The testimony overwhelmingly indicates that the proposed use does not comply with the
legal requirements for the permits, and that it cannot be made to comply with these criteria through
conditions. After reviewing this testimony the Marion County Hearings Officer made well-reasoned
recommendations for denial of the permits based on an extensive and detailed analysis of the
applicable laws.

The following is a concise sunrmary of the legal issues and the reasons for denial.

1) The applicant does not meet the requirements of the outdoor mass gathering permit under state
law or Marion County Code for several reasons:
a. The applicant's traffic and assembly plan is invalid and does not meet OAR 333-039-
0055 or MCC 9.25.120 because it is based on access over the Sidney Ditch, which has
been denied by the owner of the Ditch.
b. The traffic and assembly plan is also inadequate because Marion County Public Works
recommends denial and for other reasons outlined in our prior testimony. See e.g.
5 l22l 18 letter from Roger Kaye/FMC.

c. Further the applicant cannot and has not met the drinking water requirements in OAR
333-039-01 15.
2) As for the Conditional Use Permit, applicant argues that it is not required. However the
applicant has already conceded that the CUP rs required and applied for it. It cannot now take
the position that the CUP is not required.
3) The County does have authority to require the CUP. Marion County's code, including the
sections on Outdoor Mass Gatherings has been acknowledged by DLCD as recently as 2017 .
ORS 433.735 allows the County to adopt a different definition of Outdoor Mass Gathering
than the one found in ORS 433.735. The County's ordinances are not superceded by state law
on outdoor mass gatherings and the County can regulate such gatherings in a manner not
inconsistent with ORS 433.335 to ORS 433.770. Requiring atemporary use conditional use
permit in addition lo the Outdoor Mass Gathering Permit is not inconsistent with those
4) Additionally, the gathering will last longer than 120 hours, therefore it is brought within ORS
433.763 and a conditional use permit is required in addition to compliance with the other
criteria in ORS 433.763.
a. With respect to those criteria, the County must deny the proposed use because it is:
Incompatible with existing land uses, as set forth in testimony and as
determined by the Hearing Officer.
Materially alters the stability of the overall land use pattern and
Does not meet the criteria for the conditional use permit because
1. It will force a significant change in and significantly increase the cost of
fann practices on suffounding lands, devoted to farm use, including but
not limited to the Meyer farm, the DeJager dairy and others.
2. The applicant has failed to demonstrate that the use will not have a
significant adverse impact on fish and wildlife habitat, watersheds and
air and water quality.
3. It is not in harmony with the purpose and intent of the EFU zone.
5) The applicant proposes constructing several permanent structures. These structures are not
entitled by the outdoor mass gathering permit. Therefore to the extent the County grants the
outdoor mass gathering permit, the applicant must seek separate land use approval for these
permanent structures, which include but are not limited to the well, the water distribution
system and road improvements.

In conclusion, the County should adopt an order denying both the mass gathering permit and the
conditional use permit on independent bases as set forth above.

Thank you for your consideration.

Meriel L.Daruen
Ro$dr I
Circuit Rider Staff Attorney President
1000 Friends of Oregon Friends of Marion County
Salem, OR 97302